The Appeals Chamber of the Intemational Criminal Court,In the appeals of Mr William Samoei Ruto and Mr Joshua Arap Sang, pursuant toarticle 82 (1) (a) of the Statute, against the decision of Pre-Trial Chamber II entitled"Decision on the Confirmation of Charges Pursuant to Article 61(7)(a) and (b) of theRome Statute" of
January 2012 (ICC-01/09-01/11-373),After deliberation.Renders unanimously the following
The appeals are rejected.
REASONSI. PROCEEDINGS BEFORE THE PRE-TRIAL CHAMBER
1. On 30 August 2011, Mr Ruto and Mr Sang filed the "Defence Challenge toJurisdiction"' (hereinafter: "Joint Defence Challenge to Jurisdiction"), submitting that
the Court should decline to exercise jurisdiction over their case. Mr Ruto and MrSang challenged the interpretation of the term 'organizational policy'^ as a componentof crimes against humanity under article 7 (2) (a) of the Statute, which the Pre-TrialChamber had adopted, by majority. Judge Kaul dissenting, in its "Decision Pursuantto Article 15 of the Rome Statute on tilie Authorization of an Investigation into theSituation in the Republic of Kenya""^ (hereinafter: "Article 15 Decision") and which ithad reiterated. Judge Kaul dissenting, in its "Decision on the Prosecutor's Applicationfor Summons to Appear for William Samoei Ruto, Henry Kiprono Kosgey and JoshuaArap Sang"^ (hereinafter: "Summons to Appear Decision"). Moreover, they submittedthat "irrespective of whether one accepts the [minority or majority's interpretation of'organizational policy'], or an altemative test, the facts on which the Prosecution
Joint Defence Challenge to Jurisdiction, paras 9, 83.
Joint Defence Challenge to Jurisdiction, paras
ICC-01/09-19-Corr, dated 31 March 2010 and registered on
April 2010.^ 8 March
ICC-01/09-01/11 OA3 OA4 3/17
ICC-01/09-01/11-414 24-05-2012 3/17 EO T OA3 OA4